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'VFA is a failure' – Miriam

Senator Miriam Santiago renews her call to scrap the Visiting Forces Agreement between the Philippines and the US, citing the 'gross disparity' in the provisions of jurisdiction and custody over erring soldiers

MANILA, Philippines – Calling the Visiting Forces Agreement (VFA) a "historic document of inequity between a colonizer and its former colony," Senator Miriam Santiago renewed her call to scrap the agreement because of the "gross disparity" in the provisions of jurisdiction and custody.

Santiago hit the provision in the agreement that grants the Philippines jurisdiction over US servicemen accused of crimes, but gives the US custody over them.

Santiago said the unequal provisions of the VFA heavily favor the United States.

The senator in particular hit the provisions on jurisdiction and custody of US servicemen who commit crimes in Philippine territory.

While the Philippines has jurisdiction over erring US officers, Article V, Paragraph 6 of the VFA states: “The custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with the United States military authorities, if they so request.”

But Santiago said this "gross inequality" in the provisions, among other things, "has given our country much grief."

"If the Philippines has primary jurisdiction, then it follows that the Philippines should have custody. But this logic is spurned by the VFA," the senator said.

She added: "When the US requests custody, the Philippines is required to comply immediately. But when the Philippines considers it to be an extraordinary case and requests custody, the US is merely required to give full account."

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Welcome to Rappler, a social news network where stories inspire community engagement and digitally fuelled actions for social change. Rappler comes from the root words "rap" (to discuss) + "ripple" (to make waves).